[Federal Register Volume 70, Number 154 (Thursday, August 11, 2005)]
[Rules and Regulations]
[Pages 46761-46762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15899]


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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 706


Certifications and Exemptions Under the International Regulations 
for Preventing Collisions at Sea, 1972

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

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SUMMARY: The Department of the Navy is amending its certifications and 
exemptions under the International Regulations for Preventing 
Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy 
Assistant Judge Advocate General (Admiralty and Maritime Law) has 
determined that USS FORREST SHERMAN (DDG 98) is a vessel of the Navy 
which, due to its special construction and purpose, cannot fully comply 
with certain provisions of the 72 COLREGS without interfering with its 
special function as a naval ship. The intended effect of this rule is 
to warn mariners in waters where 72 COLREGS apply.

DATES: Effective Date: April 12, 2005.

FOR FURTHER INFORMATION CONTACT: Commander Gregg A. Cervi, JAGC, U.S. 
Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime 
Law), Office of the Judge Advocate General, Department of the Navy, 
1322 Patterson Ave., SE., Suite 3000, Washington Navy Yard, DC 20374-
5066, telephone 202-685-5040.

SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33 
U.S.C. 1605, the Department of the Navy amends 32 CFR part 706. This 
amendment provides notice that the Deputy Assistant Judge Advocate 
General (Admiralty and Maritime Law), under authority delegated by the 
Secretary of the Navy, has certified that USS FORREST SHERMAN (DDG 98) 
is a vessel of the Navy which, due to its special construction and 
purpose, cannot fully comply with the following specific provisions of 
72 COLREGS without interfering with its special function as a naval 
ship: Annex I, paragraph 2(f)(i), pertaining to the placement of the 
masthead light or lights above and clear of all other lights and 
obstructions; Annex I, paragraph 2(f)(ii), pertaining to the vertical 
placement of task lights; Annex I, paragraph 3(a), pertaining to the 
location of the forward masthead light in the forward quarter of the 
ship, and the horizontal distance between the forward and after 
masthead lights; and Annex I, paragraph 3(c), pertaining to placement 
of task lights not less than two meters from the fore and aft 
centerline of the ship in the athwartship direction. The Deputy 
Assistant Judge Advocate General (Admiralty and Maritime Law) has also 
certified that the lights involved are located in closest possible 
compliance with the applicable 72 COLREGS requirements.
    Moreover, it has been determined, in accordance with 32 CFR parts 
296 and 701, that publication of this amendment for public comment 
prior to adoption is impracticable, unnecessary, and contrary to public 
interest since it is based on technical findings that the placement of 
lights on this vessel in a manner differently from that prescribed 
herein will adversely affect the vessel's ability to perform its 
military functions.

List of Subjects in 32 CFR Part 706

    Marine safety, Navigation (water), Vessels.

0
For the reasons set forth in the preamble, amend part 706 of title 32 
of the Code of Federal Regulations as follows:

PART 706--CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL 
REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972

0
1. The authority citation for part 706 continues to read:

    Authority: 33 U.S.C. 1605.


0
2. Table Four, Paragraph 15 of Sec.  706.2 is amended by adding, in 
numerical order, the following entry for USS FORREST SHERMAN:


Sec.  706.2  Certifications of the Secretary of the Navy under 
Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

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                                                                       Horizontal distance from the fore and aft
                 Vessel                              Number                 centerline of the vessel in the
                                                                                 athwartship direction
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                                                  * * * * * * *
USS FORREST SHERMAN.....................  DDG 98.....................  1.87 meters.
 
                                                  * * * * * * *
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0
3. Table Four, Paragraph 16 of Sec.  706.2 is amended by adding, in 
numerical order, the following entry for USS FORREST SHERMAN:


Sec.  706.2  Certifications of the Secretary of the Navy under 
Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

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                                                                           Obstruction angle relative ship's
                 Vessel                              Number                             headings
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                                                  * * * * * * *
USS FORREST SHERMAN.....................  DDG 98.....................  105.59[deg] thru 112.50[deg].
 
                                                  * * * * * * *
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[[Page 46762]]


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4. Table Five of Sec.  706.2 is amended by adding, in numerical order, 
the following entry for USS FORREST SHERMAN:


Sec.  706.2  Certifications of the Secretary of the Navy under 
Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

                                                   Table Five
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                                                                                  After masthead
                                                     Masthead         Forward       light less
                                                    lights not    masthead light     than 1/2       Percentage
                                                  over all other  not in forward   ship's length    horizontal
            Vessel                   Number         lights and      quarter of      of forward      separation
                                                   obstructions.  ship. Annex I,     masthead        attained
                                                   Annex I, sec.     sec. 3(a)     light. Annex
                                                       2(f)                        I, sec. 3(a)
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                                                  * * * * * * *
USS FORREST SHERMAN...........  DDG 98..........               X               X               X           14.1.
 
                                                  * * * * * * *
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    Approved: April 12, 2005.
Gregg A. Cervi,
Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate, General 
(Admiralty and Maritime Law).
[FR Doc. 05-15899 Filed 8-10-05; 8:45 am]
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